Sex Charges

The type of allegation that is made will determine the charge that is filed by the State Attorney. There are many different types of sex crimes, but essentially they are broken down into two areas:

• Adult against Adult
  • Sexual Battery. Also called "Rape". this is sex without consent. It will be alleged that the sex occurred without consent either because of force, threat of force, or diminished capacity due to a mental illness, disorder, or defect, or due to physical illness or disability, or age. This crime includes as an element penetration of a sexual organ.
  • Lewd and Lascivious.  This crime does not require penetration.
  • Voyeurism. 
  • Solicitation
  • Prostitution
• Adult against Child
  • Capital Sexual Battery: Child is under 12 years old
  • Sexual Battery: Child is between 12 and 16 years old.
  • Lewd Sexual Battery: Child is between 16 and 18 years old and adult is over 23 years old.
  • Lewd or Lascivious act.
  • Lewd or lascivious contact
  • Lewd or Lascivious Fondling.
  • Exposure of sexual organs
  • Lewd or Lascivious act in presence of child.
  • Child Pornography.
  • Sexual performance by a child.
  • Transmission of pornography by electronic device.
  • Child Solicitation.

Sex Charge Defense Lawyer

Being charged with a sex offense is very serious. Prosecutors, Judges, and Jury's are not very friendly towards people accused of a sex crime. I have represented many people accused of committing a sex crime. I have succesfully defended cases were DNA was used against my client as well as other non DNA cases. I have come to believe many things about sex charges. I do not doubt that they occur. I am sure that they do.  However, I think some of them are fabricated by an angry ex girlfriend or wife. Sex allegations are sometimes made up because the accused didn't pay for the sex as agreed, as in the case of prostiution or sex for drugs. Sometimes allegations are made to get a benefit in a divorce case or to scare the other spouse or companion. Sometimes they are made because the alleged victim was caught in an affair and is claiming rape to save herself.

There are many defense to rape. Two defense that do not exist are:

• She was asking for it and wanted it: This does not work any better with adult victims then it does with child victims. 
• I thought she was over 18: Mistake in age is no defense. It is sad but true that you could meet a person in a bar, with a false ID, who swears up and down they are legal. Wrong.  Although, their deceipt could assist in getting a decent plea bargain or for trial as to their deceiptfull ways.

Your Rights

• Remain Silent: The United States Constitution, Florida's Constitution, and our laws guarantees us certain rights. The most important right we have is the "right to remain silent". The police do not have to advise you of this right if you are not in custody but you still have the "right to remain silent" even if you are not in custody. You should never talk to the police without talking to a lawyer first. For that matter, do not talk to anyone about anything that you might have done or might not have done. The police are very good at getting even innocent people to confess. DO NOT TALK ABOUT ANYTHING WITH ANYONE without first speaking to and retaining a lawyer.
• Warrant: You also do not have to give the police everything that they ask for. If they ask you for ID you must provide that. Your name, basis things like that. But you do not have to consent to their request to search your home, papers, computer, phone, car, etc. . . If they request permission you are free and allowed to decline their request. If you consent, anything incriminating they find can be used against you. If they have enough evidence they can get a search warrant for whatever they want. I can tell you based upon my experience, they will not go easier on you because you made their job easier.

Possession of Drugs is different then the charges of Sale or delivery of drugs, Trafficking in controlled substances, or possession with intent to Distribute drugs. Different drugs are treated differently for sentencing purposes and level of offense, depending on the type of drug and quantity (weight).

There are two types of possession. There is actual physical possession, on the person, in his pockets, or purse, or in a place over which they have exclusive possession and control. The other is constructive possession, in a place which the person shares control with someone else such as in a car with other people, in a room with other people, or in a car that the accused  is driving which is borrowed. It all depends on the factual pattern of whether it is an actual possession or a constructive possession case. 

Possession of Marijuana is a misdemeanor if the weight is less then grams. Over  grams then it is a felony. All other drugs are considered felonies even if simply possessed. If the weight is over a certain amount, different for each drug, then it could be charged as a Trafficking offense.  (See Drug Trafficking). With a Trafficking charge minimum mandatory sentences come into play which require the convicted offender to serve 100% of their sentence, day for day without being eligible for gain time. (See Drug Trafficking)

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